37th Parliament, 2nd Session
(September 30, 2002 -     )

[Parliamentary Coat-of-Arms]

Edited Hansard • Number 069

Thursday, February 27, 2003

[Hansard – Pages 4147-4148]

Privilege

Firearms Registry

    Mr. John Williams (St. Albert, Canadian Alliance): Mr. Speaker, I rise on a question of privilege to charge the Minister of Justice with contempt in regard to his release of material to the media that was intended for Parliament.

    Yesterday, the President of the Treasury Board tabled the main estimates in the House. The estimates reported that the government was seeking more funds to keep the firearms registry running.

    Despite the urging of the Auditor General, the government has failed to provide a proper accounting of the program, a program that the Auditor General considers a major crown project. Apart from an $18 million item under Department of Justice, contributions to provinces and territories, there is no mention of any other funding for the firearms registry in the estimates.

    However some cost estimates and details not mentioned in the estimates were revealed yesterday in a government news release. The release reads:

 

    Firearms Program Funding 2003-04 (Main Estimates)

 

 

    Treasury Board material on the Main Estimates mentions $74 million for the Canadian Firearms Centre. What is this for?

    It goes on to say that:

The $74 million is part of the $113 million sought in the Main Estimates for the Canadian Firearms Program. These funds are needed to operate and administer the firearms program for fiscal year 2003-04.

 

 

    The $113 million figure is arrived at by adding the $74 million to the A-base estimate for the program ($35 million, which was included within the Department's Main Estimates figures for the 2003-04, tabled last year). The $113M includes employee benefits and accommodation costs.

    I am not sure what the A-base is. The news release goes on to detail how it was spent.

 

    The $113M consists of the following major elements: $21.5M to the “Alternative Service Delivery”; $8M to operate the Miramichi facility (costs for the Quebec processing site are included in provincial contributions); $16M in contributions to provinces that are administering the program (eg. Quebec, Ontario, Nova Scotia, New Brunswick, etc.); $11.3M to administer the program in opt-out jurisdictions; $4.6M for NWEST; $16M in other contributions to federal partners involved in the program; $14.4M for maintenance of the current Electronic Data Processing system and current business operations; and $9.2M for program administration.

    The NWEST may be the Northwest Territories but I am not sure. The news release then goes on to provide details of the $74 million. The latter half of the release concerns itself with program funding of $59 million for 2002-03 supplementary estimates.

    Mike Murphy, a spokesman for the Minister of Justice, reported to the National Post that the more detailed breakdown contained in the news release would be tabled in Parliament in late March. Mr. Murphy is admitting that the information in the news release is intended for Parliament and that Parliament will be provided with the information later.

    Later in March would mean that the detailed information in the news release would be provided to Parliament when the reports on plans and priorities, or part IIIs of the main estimates, are tabled in the House as required under our rules. As you are also aware, Mr. Speaker, those reports are intended for the House.

    The Minister of Justice has decided to release this information to the media one month ahead of providing it to Parliament. His spokesman has made the link between the information in the news release and information intended for Parliament in an interview with Bill Curry of the National Post.

    I draw your attention, Mr. Speaker, to a question of privilege that was raised by the member for Provencher on March 14, 2001. His question of privilege was in regard to the Department of Justice briefing the media on Bill C-15 prior to its tabling in the House.

    On March 19, 2001 the Speaker ruled on the matter and stated:

 

    In preparing legislation, the government may wish to hold extensive consultations and such consultations may be held entirely at the government's discretion. However, with respect to material to be placed before parliament, the House must take precedence.

  (1510)  

    We had another case on October 15, 2001. The opposition House leader raised a question of privilege with regard to Bill C-36. The National Post had reported the contents of Bill C-36 and indicated that it was briefed by officials from the Department of Justice. The article published on October 13, 2001 entitled “New bill to pin down terrorism” described the bill in detail and quoted officials from the department.

    The Speaker ruled that the case of Bill C-36 was similar to Bill C-15 and that there had been a breach of privileges of the House and the matter was sent to committee.

    I would argue that the reports on the plans and priorities are material placed before Parliament and like legislation, if they are to be released, the House must take precedence.

    The supply process deserves the same respect, integrity and protection as the legislative process. I would argue even more so than legislation because the estimates are the fundamental reason that Parliament exists.

    The minister's attempt to appropriate money through a news release is an affront to Parliament.

    In addition to that, Mr. Speaker, supplementary estimates (B) 2002-03 for the fiscal year ending March 31, 2003. were also tabled by the President of the Treasury Board yesterday. On page 82, the Canadian firearms program will receive another $59,447,000. In addition to that it also has with an asterisk, “Incremental funding to address operational requirements, Vote 1, at $16,436,000”. At the bottom the asterisk states:

 

    Funds in the amount of $14,098,739 were advanced from the Treasury Board Contingencies Vote to provide temporary funding for this program.

    If I go back to the 2002-03 main estimates, part I and II, the government expenditure plan in main estimates at page 1-54, for the vote 5 of the government contingencies for the Treasury Board it states:

 

    Subject to the approval of the Treasury Board, to supplement other appropriations for paylist and other requirements and to provide for miscellaneous minor and unforeseen expenses not otherwise provided for, including awards under the Public Servants Inventions Act and authority to re-use any sums allotted for non-paylist requirements and repaid to this appropriation from other appropriations.

    Note the word “unforeseen”.

    We do know that the Minister of Justice has been telling us that he has been funding the firearms program through cash management after the government withdrew a request for $72 million last December.

    I am raising this point with you, Mr. Speaker, at the earliest opportunity because supplementary estimates (B) were only tabled in the House yesterday. I have not been able to verify whether that $15 million was for the Canadian firearms program as the $72 million was in December 2002.

    If we find that this money actually was used for the firearms program to replace the money that the government did not request in December 2002, it was not unforeseen. It was to replace a request that was withdrawn which is a significant difference. Unforeseen we can understand; to replace a request that the government withdrew from the floor of this House, for reasons we do not know, cannot under any circumstances be classified as unforeseen.

    Therefore, Mr. Speaker, I am sure that you will find that the Minister of Justice is in contempt of the House for the total disregard for the historic and constitutional role of the House in financial matters and the business of supply. If you agree and if you do so rule, I am prepared to move the appropriate motion.